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(영문) 수원지방법원 2020.02.13 2019고단7232
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and the victim B(n, 20 years of age) are related with each other.

On August 18, 2019 to September 5, 2019, the Defendant taken photographs of the victim’s face and part of his body locked with his cell phone camera function in the victim’s dwelling in Suwon-si C.

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame against his will.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes related to electronic information restored in S10 Pallonies;

1. Relevant Article on criminal facts, and Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Where a conviction against a defendant who shall file for the registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency pursuant to Article 43 of the same

In full view of the Defendant’s age, type of crime, process of crime, criminal records, disclosure and notification order, social benefits expected by an employment restriction order, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., the disclosure and notification of the Defendant’s personal information or the issuance of an employment restriction order against children, juvenile-related institutions, etc. and welfare facilities for the disabled are determined as having special circumstances where the employment restriction should not be imposed on the Defendant. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and

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